Have you had Surgery that has Lead to Complications?
Have you endured excessive Pain or Suffering after Medical Treatment?
You may be entitled to Compensation for Clinical Negligence
You can start a Claim for Compensation Now Online
Clinical Negligence Claims are vigorously fought by the defendant representing the hospital or care facility. Expert legal representation is essential, for liability to be admitted. Whilst it is important to prove there was insufficient or negligent healthcare, it is also necessay to demonstrate that this has resulted in a case of Avoidable Harm Examples of which are:
A claim must be made within 3 years of treatment or knowledge of a medical
condition. There is an expectation of a reasonable standard of professional
healthcare When the level of care has fallen below this, a Breach Of Duty has
occured.
Claiming compensation for clinical negligence can be complex, particularly if the
patient is already ill. Where a patient's condition has worsened or deterioted as a result
of treatment that has had a detrimental impact, then there may be a case for a claim.
This could be as a result of a GP's or Hospital's misdiagnosis that has resulted in ineffective treatment.
In the case of cancer claims, the severity of the condition may now be more difficult
to treat. Misdiagnosis of fractures can occur meaning that the bone doesn't heal correctly.
Amputation claims can be as a result of surgical error, a delay in treatment or misdiagnosis.
Some of the worst claims are those for birth injury. During labour this can be in the form
of Cerebral Palsy, where during delivery the baby is starved of oxygen and as a result suffers brain damage. Surgery error can result in a permanent disability for which compensation would have to include Loss Of Earnings For Life and potentially permanent care and medical
attention.
Claims can be brought about against surgeons, doctors, hospitals and care homes.
These could be private entities or NHS. A claim could be brought against a consultant
who carried out the surgery, the private hospital where it took place, or the Trust
who employed the individual.
Claims can be made for incompetence of a doctor or healthcare worker or a poor
judgement of a surgeon. The problem in seeking compensation is the authorities
reluctance to admit any liabilty for their actions be it accidental or pure negligence.
Insurance companies will often find ways of contesting medical negligence claims as
they can be sizeable
Levels of compensation will be determined by the long term effects of the harm caused
to you and the quality of your life in the future. A medical expert's prognosis is required to provide statements based on all the medical
records. They will give their opinion as to whether negligence has occured and what damage
has been done. Appropriate amounts will be awarded to ensure that all future needs are
met.
If a claim for compensation is likely to succeed then it is important to start legal proceedings
as soon as possible. Cases very rarely lead to full trial, however without the threat of court action they tend not to lead to any form of compensation.